Regulating Autonomy: An Assessment of Policy Language for Highly Automated Vehicles

Self‐driving cars (also known as driverless cars, autonomous vehicles, and highly automated vehicles [HAVs]) will change the regulatory, political, and ethical frameworks surrounding motor vehicles. At the highest levels of automation, HAVs are operated by independent machine agents, making decisions without the direct intervention of humans. The current transportation system assumes human intervention though, including legal and moral responsibilities of human operators. Has the development of these artificial intelligence (AI) and autonomous system (AS) technologies outpaced the ethical and political conversations? This paper examines discussions of HAVs, driver responsibility, and technology failure to highlight the differences between how the policy‐making institutions in the United States (Congress and the Public Administration) and technology and transportation experts are or are not speaking about responsibility in the context of autonomous systems technologies. We report findings from a big data analysis of corpus‐level documents to find that enthusiasm for HAVs has outpaced other discussions of the technology.     

Autonomy and Egalitarianism

In this article I consider the alleged incompatibility between individual autonomy and the achievement and subsequent maintenance of an egalitarian society. I argue that not only is there no incompatibility, but that it is only where an egalitarian society is in place that a like autonomy can be exercised by each citizen. To make out my case I discuss the three main grounds that have been advanced to show there is such an incompatibility. Opponents of egalitarianism contend that egalitarian goals can only be achieved with losses in autonomy; in particular, losses through infringements on the civil liberties of individual citizens, losses in the scope individuals have to exercise and exploit their own talents and losses in control over the income and wealth to which individuals are entitled as a result of the exercise of their talents. The first of these contentions is dealt with quite briefly but the second and third go to the heart of the matter and accordingly are given fuller discussion. None of the three can be convincingly made out because it is precisely where there are significant inequalities in income and wealth that significant differences exist in the scope individuals have to fulfil their life-plans and thus to exercise their individual autonomy.     

A New Way to Compare Horizontal Connections of Policy Sectors: “Coupling” of Actors,Institutions and Policies

This paper proposes an innovative framework to compare the coordination of policy sectors in an encompassing way. Building on recent contributions to the literature, this paper proposes a typology to analyze the coordination of policy sectors from a comparative perspective. To this end, the paper adapts Karl Weick’s concept of coupling to the comparative analysis of public policies, particularly to horizontal relations of policy sectors. The paper argues that it is possible to distinguish four forms of sectoral coupling: tight coupling, loose coupling, de-coupling and non-coupling. In order to demonstrate the usefulness of this typology for empirical research, the paper applies coupling to analyze the relations of the healthcare and public health sectors. To conclude, the paper discusses the possibilities and limits of the typology, and suggests other examples the approach could be transferred to.     

Michels Revisited: Autonomous Cliques in a Small Political System: The Norwegian Institute for Atomic Energy (IFA), 1949-79

Elite autonomy is often discussed in relation to oligarchic tendencies within organizations. The article demonstrates how autonomy of elites may have a more stable basis if it rests on inter-elite support. The focus is on the role of autonomous, tightly coupled, and exclusive elite networks characterized by jointly held perceptions and reciprocity – cliques – in a small political system, such as in Norway. The argument is based on a study of the Norwegian Institute of Atomic Energy and its political environment, 1949–79. The formation and survival of autonomous cliques are stimulated by properties of small and tightly knit political systems: (1) transciency, (2) scarcity of qualified personnel, (3) consensus on national goals, and (4) elites' need to protect themselves from judgements based on strong egalitarian norms. The existence of autonomous cliques in a policy area has important implications for: (1) political entrepreneurship, (2) organizational development, and (3) legitimacy in relation to the environment. The management and control via informal clique organization have received little attention. Thus, this study serves as a supplement to the literature on bureaucratic politics and organization theory.     

Citizen oversight of independent police services: Bifurcated accountability,regulation creep,and lesson learning

By examining developments in England and Wales this article considers police reform in the context of the tension between operational independence and citizen oversight. The article assesses the nexus between regulation and accountability in order to shed light on how a bifurcated accountability paradigm has protected police autonomy. Particular significance is attached to the cold‐blooded police shooting of an innocent man as a critical moment in the recent history of police governance. The lesson‐learning strategy of the Independent Police Complaints Commission, created under the Police Reform Act 2002, is singled out as an important driver of police reform. Although police governance reform in England and Wales is context specific, it is held that appreciation of the regulation accountability nexus and complaints as lesson‐learning opportunities are of significance in other jurisdictions and sectors.     

Independent regulatory agencies in Turkey: are they really autonomous?

This article examines the autonomy of independent regulatory agencies (IRAs) in Turkey. It explores, first, the different factors that have led to the creation of IRAs and second, the legislative basis of their formal or de jure autonomy. Thereafter, the article assesses the extent to which this formal autonomy is really put in practice and how it is perceived by board members. The enquiry was conducted through a survey comprising interviews and a questionnaire applied to the same. It concludes that although formal autonomy is satisfactorily provided for by law, government tends to limit this autonomy through secondary legislation. Consequently, there are some constraints on the actual use of autonomy. Concerning de facto autonomy, survey findings show that boards are exposed to external and internal pressures and interference in their deliberations. Thus, the assumption that ‘the greater the autonomy the more efficient the management’ is questioned. The main sources of pressure on board members are from the regulated sectors themselves. These findings have an important bearing on democracy and the political–administrative interface, as it is confronted by market forces. Copyright © 2007 John Wiley & Sons, Ltd.     

Independent review of emergency economic stimulus measures: Global Financial Crisis and COVID-19

Major government emergency interventions demand, and generally receive, independent scrutiny. This article looks back at reviews of the Australian government's economic stimulus measures introduced in the aftermath of the 2008 Global Financial Crisis (GFC), in anticipation of reviews of responses to the COVID-19 emergency, noting similarities and differences between the two crises. We examine 10 independent reviews of the Australian government's response to the GFC with a particular focus on their nature and the context in which they occurred. As a result, we identify five themes: when and how often reviews are conducted; recognition of context; the need for clear program objectives; explicit design principles; and governance. We develop a typology of independent reviews that has three key and interrelated dimensions: purpose, timing, and reviewer. We observe that there was patchwork coverage of the GFC measures, with no single report providing a holistic assessment of what was achieved or lessons learnt. We contend that, notwithstanding differences between crises, the typology will aid understanding of the role, key issues, and contributions of reviews that have already been, or will be, commissioned into COVID-19 and future emergency economic stimulus measures.     

Is There a Nonprofit Advantage? Examining the Impact of Institutional Context on Individual–Organizational Value Congruence

This article addresses an important question: do nonprofit organizations have an advantage over public organizations in fostering individual–organizational value congruence? The authors argue that nonprofit organizations do have an advantage. This is because institutional differences between the two sectors become manifest through nonprofit status and the extent of external control, which influences the organization and the individual. External control and sector status (nonprofit versus public) determine the extent of centralization, organizational goal ambiguity, and work autonomy. In turn, these three organizational characteristics shape individual–organizational value congruence. Although the results provide support for the nonprofit advantage thesis, it is worth noting that organizational effects on individual–organizational value congruence are more powerful. Indeed, the results suggest that managerial and organizational actions, compared with sector status, are more likely to influence individual–organizational value congruence.     

Explaining regulatory autonomy in EU network sectors: Varieties of utility regulation?

This article explains variation in the autonomy in the range of activities that European regulators perform. By focusing on 102 regulators of four network sectors (electricity, gas, telecom, and railways), we test for functional and institutional explanations. The findings indicate that the inclusion of institutional factors matters for our understanding of recent changes in the governance of European network sectors. Reforms toward the independent agency form of governance and the range of competencies granted to sector regulators seem to be shaped not only by international functional pressures but also by domestic institutional factors. Beyond the credibility hypothesis, we find that national governments grant less regulatory autonomy to utility regulators the more coordinated an economy is and the more veto players are present. On the contrary, common law countries are associated with higher levels of regulatory autonomy.     

Towards the Post-Corporate State?

Many studies of the relationship between the state and interest organizations conclude that the state is captured by sectoral interests. The state is not autonomous in a capitalist society. However, does the neo-corporatist practice necessarily imply a captured state? The author examines the dependencies of the state on functional groups and proposes that corporatism in fact makes it a stronger and more autonomous state. Further, different criteria of autonomy are discussed. The public interest is explored through the concept of communicative action. Finally, the author tries to delimit the concept of autonomy in analysing some recent trends of development in Norwegian public policy.     

Review Article: Don't Discard State Autonomy: Revisiting the East Asian Experience of Development

Rapid East Asian economic growth was commonly credited to the existence of strong, autonomous developmental states. Subsequently a new 'institutionalist' school of thought emerged which argued that an effective state must be connected to civil society, not autonomous from it, and which reinterpreted East Asian development in these terms. This paper is a critical reappraisal of the institutionalist school. The evidence of state autonomy (seen in relativistic rather than absolute, either-or terms) in East Asia's recent history is too great to be ignored. And since some institutionalists themselves acknowledge autonomy as a necessary foundation for developmentally effective relationships with civil society, we should recognize autonomy as a potentially important element of state capacity. State autonomy remains an important analytical concept that deserves the attention of scholars.     

The Role of the Public Manager: Loyalty,Autonomy or Advocacy?

It is argued that the role of the public bureaucracy must be analysed along at least two dimensions. One dimension concerns the relationship between politicians and bureaucrats, i.e. the possible conflict between political loyalty and autonomy. The other dimension concerns the relationship between citizens and bureaucracy, i.e. the possible conflict between openness towards citizens and bureaucratic closedness. With the aid of data from a survey of 407 agency heads in Norwegian municipalities, it was possible to group different bureaucrats along the two dimensions. Four categories emerged from the analysis; a political bureaucrat, an autonomous bureaucrat, the "classic" administrator and the "linking pin". An attempt to predict group membership was made using variables on the societal, organizational as well as individual levels. This attempt was only partially successful, indicating that there is a need for other independent variables to explain group membership.     

Agency Autonomy Actually: Managerial Strategies,Legitimacy, and the Early Development of the European Union's Agencies for Drug and Food Safety Regulation

ABSTRACT

In recent decades, a series of regulatory agencies has been created at the European Union (EU) level. The existing literature on EU agencies focuses either on autonomy as a reason for the creation of such agencies or on the autonomy that they are granted by design. As a result, we do not know much about how EU agencies' actual autonomy comes about. This article therefore probes into the early development of two specific agencies. On the basis of document analysis and interviews with agency staff members, national experts, EU officials, external stakeholders, and clients, it explores why, in practice, the European Medicines Agency (EMA) seems to have developed a higher level of autonomy than the European Food Safety Authority (EFSA), even though on paper EMA appears to be as autonomous as, or if anything, less autonomous than EFSA. The article demonstrates the importance of investigating the managerial strategies of EU regulatory agencies to understand the actual practice of their autonomy and points to legitimacy as a key condition affecting the early development of such agencies.     

Referendum Policies across Political Systems

This article compares the use of referendums across political regimes over time in Europe. It does so on the basis of a new typology that differentiates between policy domains and degrees of abstraction. The analysis shows different patterns in referendum use between authoritarian regimes, countries in transition and democracies. In addition to the variation in policy domains, the findings indicate different institutional features within the polity types: the process of initiation, the turnout in referendums and the rate of approval. The empirical evidence draws on an original dataset of 620 referendums organised at national level in Europe between 1793 and 2017.     

A Comparative Analysis of Indigenous Rights in Fennoscandia

The historic claim of the Sami to lands that they have traditionally used and occupied – an issue that has long been dormant – is emerging as a significant public issue in Finland, Sweden and Norway. This article develops a control-consociationalism typology to analyze bow each of the three states responds to Sami claims to their historic rights. Under a control situation, the cultural identity of a minority is almost exclusively determined by the laws, regulations and administrative procedures of the state. Under a consociationalism model, there would be a continuing dialogue between a stale and a minority within an administrative framework that the minority has had a major role in developing. The typology traces more than two centuries of administrative control by the three states and examines how existing institutions deal with the Sami minority. Interviews indicate that most authorities see collective minority rights as a component of human rights and, furthermore, that the Sami constitute an indigenous minority. However, the concept of aboriginal land title divides politicians and administrators; many oppose it or maintain that it is not really necessary. Many Sami rights activists, on the other hand, see it as a fundamental issue – even one of moral justice – that ultimately must be addressed by each state.     

Bureaucratic tenure and economic performance in centrally planned economies

Murrell and Olson (1991) set forth the hypothesis that in centrally planned economies economic interests over time become fragmented as bureaus become more autonomous and form into narrowly-based distributional coalitions. As a consequence, the national leader's encompassing interest in economic growth becomes compromised and growth begins to slow. This paper provides the first direct test of the hypothesis that growing bureaucratic autonomy results in declining economic growth in centrally planned economies.     

From Competitive Regionalism to Cooperative Federalism: The Europeanization of the Spanish State of the Autonomies

Intergovernmental relations in Spain have undergone a significanttransformation during the past 22 years. With the transitionto democracy, Spain has developed from a unitary-centralistinto a quasi-federal polity in which the 17 autonomous communitiesenjoy significant political autonomy. However, Spain is notonly moving toward federal democracy, it is also approachinga cooperative model of federalism in which multilateral intergovernmentalcooperation and joint decision-making supersede the bilateralnegotiations and regional competition that traditionally characterizedintergovernmental relations. The shift from competitive regionalismto cooperative federalism is the result of the progressive Europeanizationof the Spanish state and its autonomous communities, which hasencouraged consultation and cooperation between the nationalgovernment and the regions. As traditional forms of intergovernmentalrelations proved ineffective for necessary coordination andcooperation, the Spanish government and the autonomous communitiesestablished a new procedure for cooperating in European affairs-thefirst institutional framework to provide for the joint participationof all 17 autonomous communities in central-state decision-making.     

How Can Subnational Governments Deliver Their Policy Objectives in the Age of Austerity? Reshaping Homelessness Policy in Wales

This article explores how a devolved government in a small country, faced with external constraints beyond its immediate control, can deploy policy resources to shape a distinctive approach to public services. We analyse recent homelessness policy in Wales using the NATO (Nodality, Authority, Treasure, Organisation) typology of tools of government proposed by Hood and Margetts, and show how this can be applied usefully to understand the choices that governments must make in conducting relationships with other institutions. We conclude that a combination of Nodality and Authority provide powerful resources for a subnational government which has only limited formal powers and fiscal autonomy.     

Does Agency Autonomy Foster Public Participation?

Allocation of public resources is an area in which considerations of both economic efficiency and democratic legitimacy are likely to be present. Public administrators are often blamed for being too devoted to the norms of bureaucratic ethos, such as efficiency, effectiveness, and top‐down control, and less so to the norms of democratic ethos, such as inclusiveness and bottom‐up decision making. This article examines whether managers in agencies with greater budget autonomy are more likely to include the public when allocating resources. Because participation offers an opportunity for agencies to enhance the legitimacy of their decisions, it is expected that the value of citizen input will increase with the degree of agency autonomy. Using data on the practices of citizen participation in budgeting in two state departments—transportation and environment—this study finds that agencies with a higher degree of autonomy tend to be more open to public comment than agencies with more centralized budget processes.